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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5223 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5223

To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
  nationals and citizens of the United States at birth, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

 Mr. Graham (for himself and Mr. Cruz) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend section 301 of the Immigration and Nationality Act to clarify 
    those classes of individuals born in the United States who are 
  nationals and citizens of the United States at birth, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Birthright Citizenship Act of 
2024''.

SEC. 2. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED 
              STATES.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8), respectively;
            (2) in the matter preceding paragraph (1), as so 
        redesignated, by striking ``The following'' and inserting the 
        following:
    ``(a) In General.--The following''; and
            (3) by adding at the end the following:
    ``(b) Definition.--Acknowledging the Citizenship Clause in section 
1 of the 14th Amendment to the Constitution of the United States, a 
person born in the United States shall be considered `subject to the 
jurisdiction' of the United States for purposes of subsection (a)(1) if 
the person is born in the United States of parents, one of whom is--
            ``(1) a citizen or national of the United States;
            ``(2) an alien lawfully admitted for permanent residence in 
        the United States whose residence is in the United States; or
            ``(3) an alien performing active service in the Armed 
        Forces (as defined in section 101 of title 10, United States 
        Code).''.
    (b) Applicability.--The amendment made by subsection (a)(3) may not 
be construed to affect the citizenship or nationality status of any 
person born before the date of the enactment of this Act.
    (c) Conforming Amendments.--
            (1) The Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.) is amended--
                    (A) in the undesignated matter following section 
                308(4)(B) (8 U.S.C. 1408(4)(B)), by striking ``301(g)'' 
                and inserting ``301(a)(7)'';
                    (B) in section 309(a) (8 U.S.C. 1409(a))--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``(c), (d), (e), and (g) of section 
                        301'' and inserting ``(3), (4), (5), and (7) of 
                        section 301(a)''; and
                            (ii) in subsection (b), by striking 
                        ``301(g)'' and inserting ``301(a)(7)''; and
                    (C) in section 341(a) (8 U.S.C. 1452(a)), by 
                striking ``(c), (d), (e), or (g) of section 301'' and 
                inserting ``(3), (4), (5), or (7) of section 301(a)''.
            (2) The Act of March 16, 1956 (70 Stat. 50, chapter 85; 8 
        U.S.C. 1401a), is amended by striking ``301(g)'' and inserting 
        ``301(a)(7)''.
                                 <all>
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